Study on the possibility of compensation for moral damages for breach of contract
The purpose of this article is to explore the possibility of establishing a system of moral damages for breach of contract through the study of tourism contracts, so as to protect the interests of contractual counterparties who suffer non-pecuniary losses as a result of non-serious damages. The curr...
| Main Authors: | , |
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| Format: | Article |
| Language: | English |
| Published: |
EDP Sciences
2023-01-01
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| Series: | SHS Web of Conferences |
| Online Access: | https://www.shs-conferences.org/articles/shsconf/pdf/2023/28/shsconf_ichess2023_04031.pdf |
| _version_ | 1797343811219750912 |
|---|---|
| author | Liua Shucheng Yan Keyu |
| author_facet | Liua Shucheng Yan Keyu |
| author_sort | Liua Shucheng |
| collection | DOAJ |
| description | The purpose of this article is to explore the possibility of establishing a system of moral damages for breach of contract through the study of tourism contracts, so as to protect the interests of contractual counterparties who suffer non-pecuniary losses as a result of non-serious damages. The current state of affairs is that, in general, for breach of contract, current scholarship and general doctrine is strongly opposed to the inclusion of moral damages in the system of damages for breach of contract, and instead insists on a dualistic system of remedies for breach of contract and tort. The shortcomings of this approach are that tort damages and breach of contract damages have different principles of proof and imputation, and the standard of damages cannot be claimed without reaching a certain standard, making it impossible for the interests of the right holder to be adequately remedied. This article will examine the case law and comparative approach to the possibility of moral damages for pure contractual breaches that have not yet resulted in serious damage, and thus to develop a vision for the establishment of such a system. The establishment of such a system will provide a higher degree of protection for the interests of the contractual counterparty and thus achieve a full remedy of rights. |
| first_indexed | 2024-03-08T10:53:12Z |
| format | Article |
| id | doaj.art-3c35184859264f6fb09660fb158de831 |
| institution | Directory Open Access Journal |
| issn | 2261-2424 |
| language | English |
| last_indexed | 2024-03-08T10:53:12Z |
| publishDate | 2023-01-01 |
| publisher | EDP Sciences |
| record_format | Article |
| series | SHS Web of Conferences |
| spelling | doaj.art-3c35184859264f6fb09660fb158de8312024-01-26T16:42:57ZengEDP SciencesSHS Web of Conferences2261-24242023-01-011790403110.1051/shsconf/202317904031shsconf_ichess2023_04031Study on the possibility of compensation for moral damages for breach of contractLiua Shucheng0Yan Keyu1School of Law and Economics, Zhongnan University of Economics and Law, Nanhu Avenue, Hongshan DistrictSchool of Law and Economics, Zhongnan University of Economics and Law, Nanhu Avenue, Hongshan DistrictThe purpose of this article is to explore the possibility of establishing a system of moral damages for breach of contract through the study of tourism contracts, so as to protect the interests of contractual counterparties who suffer non-pecuniary losses as a result of non-serious damages. The current state of affairs is that, in general, for breach of contract, current scholarship and general doctrine is strongly opposed to the inclusion of moral damages in the system of damages for breach of contract, and instead insists on a dualistic system of remedies for breach of contract and tort. The shortcomings of this approach are that tort damages and breach of contract damages have different principles of proof and imputation, and the standard of damages cannot be claimed without reaching a certain standard, making it impossible for the interests of the right holder to be adequately remedied. This article will examine the case law and comparative approach to the possibility of moral damages for pure contractual breaches that have not yet resulted in serious damage, and thus to develop a vision for the establishment of such a system. The establishment of such a system will provide a higher degree of protection for the interests of the contractual counterparty and thus achieve a full remedy of rights.https://www.shs-conferences.org/articles/shsconf/pdf/2023/28/shsconf_ichess2023_04031.pdf |
| spellingShingle | Liua Shucheng Yan Keyu Study on the possibility of compensation for moral damages for breach of contract SHS Web of Conferences |
| title | Study on the possibility of compensation for moral damages for breach of contract |
| title_full | Study on the possibility of compensation for moral damages for breach of contract |
| title_fullStr | Study on the possibility of compensation for moral damages for breach of contract |
| title_full_unstemmed | Study on the possibility of compensation for moral damages for breach of contract |
| title_short | Study on the possibility of compensation for moral damages for breach of contract |
| title_sort | study on the possibility of compensation for moral damages for breach of contract |
| url | https://www.shs-conferences.org/articles/shsconf/pdf/2023/28/shsconf_ichess2023_04031.pdf |
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